Panchayat:Repo18/Law Manual Page0336

the ambiguity. - Tripunitura Municipality v. M/s. Ansal Buildwell Ltd. and Another - 2008 (3) KHC 982 : 2008 (3) KLT 993: ILR 2008 (3) Ker.777 : 2008 (3) KLJ 355. (AIR 1961 SC 182: 1961 (1) KLR 1: 1961 (1) SCJ 191 : 1961 (1) SCR 474: 1960 40 ITR 618; 1991 KHC 120: 1991 (1) KLT 390 : 1991 (1) KLJ 261 : ILR 1991 (2) Ker. 218; 1996 KHC 26: 1996 (1) KLT 112: 1995 (2) KLJ 742; 2007 KHC 4014 : 2007 (8) SCC 254 : JT 2007 (12) SC 41; AIR 1962 Mysore 117; Referred to.] Municipality Act, 1994 (Kerala), S.509 - If an administrative or quasi-judicial authority like Tribunal for Local Self Government passes an order in clear violation of statutory provisions, a writ petition against such order will be maintainable. There is no finality conferred to the decision of the Tribunal under the Rules. – Tripunitura Municipality v. M/s. Ansal Buildwell Ltd. and Another - 2008 (3) KHC 982 : 2008 (3) KLT 993 : ILR 2008 (3) Ker.777 : 2008 (3) KLJ 355. [AIR 1961 SC 182: 1961 (1) KLR 1 : 1961 (1) SCJ 191 : 1961 (1) SCR 474: 1960 40 ITR 618; 1991 KHC 120: 1991 (1) KLT 390: 1991 (1) KLJ 261 : ILR 1991 (2) Ker. 218; 1996 KHC 26 : 1996 (1) KLT 112: 1995 (2) KLJ 742; 2007 KHC 4014 : 2007 (8) SCC 254 : JT 2007 (12) SC 41; AIR 1962 Mysore 117; Referred to.] Municipality Act. 1994 (Kerala) - 9.531 - Building permit granted by Special Committee which did not have proper quorum. Already the building has been constructed and huge investment has been made. It is not open for the Corporation to contend that the building permit was irregularly issued. Members of the Committee or the Corporation cannot avoid a decision taken by the Committee on the ground that the Committee was irregularly constituted or that it did not have quorum. A citizen is entitled to presume that the internal management of the Corporation has been regular and is being carried on in accordance with the Act, Rules and Bye laws of the Corporation. - M/s. Heera Construction (Pvt.) Ltd. v. Corpn. of Thiruvananthapuram and Another - 2008 (3) KHC 422 :2008 (2) KLJ 863: 2008 (3) KLT 553 : ILR 2008 (3) Ker.269 Municipality Building Rules, 1999 (Kerala) - Chap.XI R.79 to R.85(a) - Construction of buildings in plots of land where a portion has been surrendered free of cost for road development. Benefits of such surrender is available not only to persons who has surrendered the plot but also to successors in interest. Chapter XI does not either expressly or impliedly state that the plot of land from which a portion has been surrendered free of cost for road development is not transferable at all. The said chapter also does not mention that the benefits under the same are exclusively conferred upon of are enjoyable only by the owner who surrendered the land free of cost and that any subsequent transferee of the plot will not be entitled to the benefits thereof. – Rekha Babu jacob and Another v. State of Kerala and Others. - 2008 (2) KHC 337 : 2008 (2) KLT 695. 235B. Building site and construction or reconstruction of building.- No part of the land shall be used as a site for the construction of a building and no building shall be constructed or re-constructed otherwise than in accordance with the provisions of this part and of any rules or bye-laws made under this Act relating to the use of building sites or the construction or reconstruction of buildings. 235C. Power of Village Panchayat to regulate further construction of certain classes of buildings in particular streets or localities.- (1) (a) The Village Panchayat may issue public notice of intention to declare in any area or areas mentioned in the notice, that, (i) continuous building shall be allowed; (ii) the elevation and construction of the frontage of all buildings thereafter constructed or reconstructed shall in respect of their architectural features, be such as the Village Panchayat may consider suitable to the locality; or (b) that in any locality specified in the notice, the construction of only detached building shall be allowed; or (c) that in any road, portion of road or localities specified in the notice, the construction of shops, warehouses, factories, huts or buildings of a specified architectural character of buildings destined for particular use shall not be allowed without the special permission of the Village Panchayat.

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